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You are here: Firm Cases > Fiduciary Violations/Elderly 

Restored Freedom

A bank and its law firm had kept an heir separated from his multi-million dollar family fortune. Even wealthy individuals can have problems with large established institutions.

Spinella & Associates' client, a graduate of a prestigious law school, had presided over a huge investment portfolio and become a highly regarded philanthropist despite an admitted alcohol problem. Even after he joined Alcoholics Anonymous and recovered from his problem, the local probate court still refused to remove the conservatorship that had previously been placed on him. Another probate judge called the action an "outrage."

Spinella & Associates produced psychiatric evaluations attesting to the client's competence. These evaluations showed he had a superior I.Q. and no evidence of cognitive or personality deterioration. He regained his freedom and control over his finances after a several-day trial.

Soon after, he ran as a candidate for probate judge in the district that unjustly declared him incapable.

Although he lost the political race, he made a respectable showing. Moreover, with the help of Spinella & Associates, he regained his dignity and independence and control of his estate. Shortly after this, they represented him in a case to recover damages for the alleged mismanagement of his monies by his conservator bank.

Attorney Spinella recalls this case in terms of what it represents: "Just about every nightmare cliché of what can happen in a small town." And he speaks proudly of his client's recovery and accomplishments: "I respect [my client] an incredible amount. After going through this, he ran for political office because he genuinely wanted to help his community and protect others."


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